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re: Question regarding the FBI director's threat against iOS and Android.
Posted on 10/18/14 at 2:48 am to LSUZouave
Posted on 10/18/14 at 2:48 am to LSUZouave
These justifications always seem to "appeal to emotion" and are extremely rare circumstances. It just seems disingenuous to talk about the outliers when it is something that is impacting everybody. Besides, I'm not sure your scenario is even relevant to the methods that the director was advocating for, not to mention there seems to be some leaps of logic.
So the guy will confessed. Seems like they have a pretty solid case anyways.
So he'll confess but not give consent? Possible, but you made a rare situation rarer.
In addition, you says that he won't give permission to search, yet you clearly establish, and probably every judge in America would agree, that they have probable cause to obtain a search warrant. If they are incapable of searching it with a warrant, then how would they be able to search it with his permission? Wouldn't the search be the same? Or are you saying that he would need to do the searching because he has encrypted it?
If they have evidence (especially a confession), and a valid warrant, who would say that they can't search the computer? Or are you insinuating that these systems cannot be unencrypted? My impression is that google and apple are making their systems more secure for the user, which makes it harder to compromise this security, not making an impenetrable system which I'm not sure is even possible.
It seems that this would make it harder for them to search the system, but doesn't mean they won't be able to; they will just have to work harder at it, or be more diligent in their use of resources (i.e., can't have a blanket search). The director appears to be advocating for any easy method into the system, which makes people concerned that more broad searches without probably cause will be used.
Basically, after writing this, I now realize that your example is irrelevant to this issue.
quote:
Let's expand the security of the new phones to computers. The police arrest a pedophile based on evidence obtained lawfully. During a post arrest interview he says that he has raped and videoed dozens of children.
So the guy will confessed. Seems like they have a pretty solid case anyways.
quote:
The videos are on his computer but he won't give consent to the police to search that computer. Police obviously have enough probable cause to search the computer and could easily obtain a lawful search warrant beyond a reasonable doubt. Do you not think it insane that the police should not have a way to search that computer?
So he'll confess but not give consent? Possible, but you made a rare situation rarer.
In addition, you says that he won't give permission to search, yet you clearly establish, and probably every judge in America would agree, that they have probable cause to obtain a search warrant. If they are incapable of searching it with a warrant, then how would they be able to search it with his permission? Wouldn't the search be the same? Or are you saying that he would need to do the searching because he has encrypted it?
quote:
Do you not think it insane that the police should not have a way to search that computer?
If they have evidence (especially a confession), and a valid warrant, who would say that they can't search the computer? Or are you insinuating that these systems cannot be unencrypted? My impression is that google and apple are making their systems more secure for the user, which makes it harder to compromise this security, not making an impenetrable system which I'm not sure is even possible.
It seems that this would make it harder for them to search the system, but doesn't mean they won't be able to; they will just have to work harder at it, or be more diligent in their use of resources (i.e., can't have a blanket search). The director appears to be advocating for any easy method into the system, which makes people concerned that more broad searches without probably cause will be used.
Basically, after writing this, I now realize that your example is irrelevant to this issue.
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